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California Request for Hearing and Application to Set Aside Support...

Santa Clara California Request for Hearing and Application to Set Aside Support Order

Name: Santa Clara California Request for Hearing and Application to Set Aside Support Order
Brand: US Legal Forms
Rating: 4.55 (378 reviews)

Category:

California Family Law - Statewide - Divorce - Child or Spousal Support

State:

California

County:

Santa Clara

Control #:

CA-FL-360

Format:

Instant download

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Description

This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.

A Santa Clara California Request for Hearing and Application to Set Aside Support Order is a legal document submitted to the Santa Clara County court system by an individual seeking to challenge or overturn a support order that has been previously issued. This document is typically used in cases where a person believes that the original support order was issued in error, based on incorrect information, or due to a change in their financial circumstances. The purpose of filing this request is to request a hearing before a judge, where the individual can present evidence and arguments to support their reasons for setting aside the support order. It is important to note that this request can only be filed in certain circumstances, and the court will carefully evaluate the reasons provided before making a decision. Keywords: Santa Clara, California, Request for Hearing, Application to Set Aside, Support Order, legal document, Santa Clara County court, challenge, overturn, support order, error, incorrect information, financial circumstances, hearing, judge, evidence, arguments, circumstances, decision. Types of Santa Clara California Requests for Hearing and Application to Set Aside Support Order: 1. Santa Clara California Request for Hearing and Application to Set Aside Child Support Order: This type of request is specifically filed to challenge a child support order. It may be filed by a parent who believes that the original order was issued in error, such as incorrect calculations or outdated information regarding the child's needs. 2. Santa Clara California Request for Hearing and Application to Set Aside Spousal Support Order: This request is filed to challenge a spousal support order. It may be used by a spouse who believes that the original order was unjust due to changes in their financial circumstances, such as unemployment or a significant decrease in income. 3. Santa Clara California Request for Hearing and Application to Set Aside Paternity Support Order: This type of request is filed when there are doubts or disputes regarding paternity in a support order. It may be used by an alleged father who wants to challenge the support order on the grounds that he is not the biological father of the child or that the paternity test results were inaccurate. These are just a few examples of different types of Santa Clara California Requests for Hearing and Application to Set Aside Support Order that can be filed by individuals seeking to challenge their support obligations in specific circumstances. It is essential to consult with an attorney or legal professional to determine the appropriate request to file based on the specific situation.

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Steps to File a Request to Set Aside (Cancel) an Order To ask the judge to set aside (cancel) the default judgment or other order against you, you will have to ask for a court hearing. To ask for a court hearing, complete paperwork and file specific forms with the court (see below for how to complete your request).

How do I apply for a set aside? You need to ask the court for a general application form called an N244. You should fill in the N244 to include the information the court asks for. You may be able to contact the court by email.

You must file the request for order to set aside within 2 years after the date when the default judgment was entered against you. The deadline is sooner if the court files show that you were served with a written notice of entry of that default judgment.

A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.

This provides that the court may set aside or vary a judgment or order after judgment is entered if the judgment or order has been given or made in the absence of a party, whether or not the absent party had notice of the relevant hearing or of the application for the judgment or order.

Apply to get the judgment set aside To get a judgment set aside, fill in the application notice (N244) and send it to the court. You may have to pay a court fee of £275. You'll have to go to a private hearing at the court to explain why you do not owe the money.

What is a set aside application? A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.

Cancelling a judgment, order or a step taken by a party in proceedings.

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CASE NUMBER: Use this form if you want to cancel (set aside) a voluntary declaration of parentage or paternity. 5) asking the superior court to command the Department "to set aside and revoke" the hearing officer's order and the director's concurrence.This is a court order instructing the Sheriff to enforce your judgment in the county where the assets are located. 2 REQUEST FOR ORDERS - MOTIONS, REQUEST TO VACATE CIVIL ASSESSMENT, ABILITY TO PAY. How Are Restraining Orders Obtained? How long does a California expungement take? The County of Santa Clara is a political subdivision of the State of California. 24 Modified Orders or Set Aside Ex Parte. This is a court order instructing the Sheriff to enforce your judgment in the county where the assets are located. How long does a California expungement take?

The County of Santa Clara is a political subdivision of the State of California. 24 Restraining Order Enforcement. California Family Code section provides: A restraining order or any order for a specific purpose may be obtained upon motion by the nonresident parent, or by the court or by the director. The person who files the motion shall be permitted to serve copies of his or her motion upon all parties. The order or the person who files the same shall be in form substantially like an injunction in most respects and may include provisions authorizing the respondent to be prosecuted or, if he or she cannot be prosecuted or is not permitted to be prosecuted for a particular act or transaction, shall provide for forfeiture of the marital home, the respondent's interest in the marital home, the respondent's security of the marital home, and all other items designated in the motion as forfeiture of the marital home.

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Santa Clara California Request for Hearing and Application to Set Aside Support Order

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